Syed Mohiuddin Ahmed vs Sofia Khatun

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1940 Supreme(Cal) 148

Syed Mohiuddin Ahmed – Appellant
Versus
Sofia Khatun – Respondent

JUDGMENT

1. Obedul Gani and Mohamed Abul Fazel purported to create a wakfalal-aulad by an instrument, Ex. A (II. 10). The properties included in the said deed are the properties described in sch. ka and 11 annas odd gundas share of the properties described in sch. kha of the plaint. On 20th June 1918 another wakf-alal-aulad was created by the instrument Ex. A-1 (II. 28) by five persons Sofia Khatun, Syed Mohamed Hossein Ali, Mohamed Obedul Gani, Hosseini Khatum and Ojihannessa Khatun. It comprised the remaining share of the properties of sch. kha of the plaint. The relationship of the parties who created the aforesaid two wakfs and of the parties to this litigation would appear from the following genealogical tree:

                 Akhilenessa = MOHAMED FAZEL alias MUCHI MIA = Rahatannessa                                                              |                                      |--------------------------------------------------|                                Ali Nazir (dead)       Hosseni Khatun = Abdul Samad (deft. 4)                                                                                |         |----------------|---------------|------------|----------|--------

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